20230715 Ver 1_ePCN Application_20230519

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
2/28/2023
BIMS # Assigned
20230715
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Fairhaven Meadows
1a. Who is the Primary Contact?*
Jonathan Nesburg
1b. Primary Contact Email:
[e-mail]
Date Submitted
5/1912023
Nearest Body of Water
UT to Davidson River
Basin
French Broad
Water Classification
B
Site Coordinates
Latitude:
35.271191
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Transylvania
Is this a NCDMS Project
Yes No
Longitude:
-82.711304
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Moore:[e-mail]
1c. Primary Contact Phone: *
[phone]
O
Is this project a public transportation project?*
Yes No

1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 03 - Maintenance
NWP Numbers (for multiple NWPS):
NA
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying forthe permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
STAMM CARL P & KATHLEEN J
2b. Deed book and page no.:
388 463
2c. Contact Person:
Carl P Stamm
2d.Address
Street Address
213 CARRINGTON CT
Address Line 2
city
State / Province / Region
HENDERSONVILLE
NC
Postal / Zip Code
Country
28739
United States

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jonathan Nesburg
3b. Business Name:
Commonwealth Development Corporation of America
3c.Address
Street Address
7447 University Avenue
Address Line 2
Suite 210
City
State / Province / Region
Middleton
W I
Postal / Zip Code
Country
53562
United States
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Melissa Ruiz
4b. Business Name:
Stantec
4c.Address
Street Address
801 Jones Franklin Road
Address Line 2
Suite 300
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27606
United States
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Brevard
2. Project Identification
2a. Property Identification Number:
62003675
2b. Property size:
4.56
a

2c. Project Address
Street Address
235 Asheville Highway
Address Line 2
City
Brevard
Postal / Zip Code
28712
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT to Davidson River
3b. Water Resources Classification of nearest receiving water:
B
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101050202
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The 4+ acre site is located approximately 0.25 miles south of the intersection of US Highway 64 and US Highway 276 within Brevard city limits. The site is in a mixed -use area surrounded
by commercial properties and single-family homes. About 2 acres of the site consists of open field dominated by a mixture of grasses and other herbaceous species. The remainder of the
site is forested. The northern forested portion is classified as a Southern Appalachian Acidic Cove Forest while the southwestern forested area is degraded and contains large sections of
invasive species. A small wetland is located in the northern half of the site. A stream originates north of the property, flows through the small wetland and continues south for approximately
290' before entering into an 18" CMP. There is approximately 500' of pipe on site and the pipe has been in place since at least 1993 based on aerials available via Google Earth. The pipe
connects to a culvert that flows under US Highway 64. Downstream of US Highway 64 the channel is no longer piped although it is straightened.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.027
4g. List the total estimated linear feet of all existing streams on the property:
790 (290' open stream channel and 500' piped channel)
4h. Explain the purpose of the proposed project: *
The purpose of the overall project is to construct affordable housing in the form of a 60-unit development consisting of multiple buildings within the City of Brevard. This project aims to help
relieve a shortage of affordable housing within the city and county. The stream that crosses the site is already piped through the planned limits of disturbance. However, the 18" CMP is
believed to be undersized and leads to localized flooding. An analysis was performed to properly size the pipe and it was determined that a 30" RCP pipe will replace the existing line. Due
to the pipes placement adjacent to the proposed buildings and not knowing the condition of the pipe bedding, it was also determined that the material needs to be changed to reinforced
concrete instead of corrugated metal.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed scope of the project includes clearing and grubbing, grading and erosion control, the installation of drainage pipes and structures as well as an underground chamber with
sandfilter for stormwater quality and quantity control, the replacement of the 18" CMP carrying the stream flow, and the construction of new buildings, asphalt parking and a driveway.
The drainage pipes, structures and sandfilter are designed to meet the City of Brevard Post -Construction Stormwater Ordinance. Stormwater from the new buildings and parking areas will
flow through the sandfilter before being discharged to the stream, downstream of the proposed pipe replacement area.
Typical construction equipment including excavators, backhoes, and bulldozers, cranes, concrete mixers.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
wetland and stream was flagged in 2022 and geo-located by surveyor.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): unknown
Agency/Consultant Company:
Other:

6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
N/A
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
6
❑
3a. Reason for impact (?)
3b.lmpact type "
3c. Type of impact*
3d. S. name"
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
31
Pipe replacement
Temporary
Other :IF,
DavidsRiver
Perennial
Both
Averege (feet)
500
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
0 500
3i. Total stream and ditch impacts:
500
3j. Comments:
Replace 500 linear feet of existing 18-inch CMP pipe with 30-inch RCP.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The stream is already piped. Replacing the pipe will not lead to any new permanent impacts to jurisdictional waters.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fence and other typical sediment and erosion control devices will be utilized during construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
This project only includes temporary stream impacts.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Project is within the French Broad River Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Q
V

2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Brevard
Comments:
No state stormwater requirements. Local stormwater ordinance requirements have been met and reviewed by City of Brevard.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
The project is a small residential project on a single lot. No additional phases are planned. No road widening or other infrastructure improvements that
could lead to additional growth and related impacts area associated with this project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The proposed units will be connected to City of Brevard water and sewer treatment plants. The plant has a capacity of 2.5 MGD and currently the
average flow is 1.6 MGD.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No

5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Field surveys were completed by Unaka Environmental, LLC on January 11, 2023. (See attached) Unaka initiated communication with USFWS and
official species list is included in attachment.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
Essential Fish Habitat Mapper (https://www.habitat.noaa.gov/apps/efhmapper/?page=page_8)
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
HPOWEB: https://nc.maps.arcgis.com/apps/webappviewer/index.html?id=79ea67lebdcc45639f0860257d5f5ed7
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?
https://msc.fema.gov/portal/search - FEMA Map Service Center
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Fairhaven Meadows Supplemental Information Final2.pdf 16.36MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Melissa Ruiz
Signature
4611" A04*
Date
5/19/2023
L